PAWAN KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 16.10.2002 in FIR No.43 dated 17.6.1996 registered at Police Station Vigilance Bureau, Patiala.

(2.) Prosecution story, in brief, is that appellant was working as Junior Engineer (iv) in the office of Assistant Executive Engineer, Punjab State Electirity Board, Sohana. A transformer had been installed in the fields of the complainant. However, the wires of the transformer were stolen. Appellant was asked to re-instal the wires and restart the transformer. In this regard, the appellant raised a demand of Rs. 2,000/- from the complainant. The matter was settled at Rs. 1,000/-. Complainant approached the vigilance department along with shadow witness Kishore Singh on 17.6.1996. Complainant and the shadow witness were given demonstration with regard to working of the Phenol Phthalein Powder (P-Powder for short). Complainant handed over ten currency notes in the denomination of Rs. 100/- each to the Vigilance officer, who, in turn, returned the same to the complainant after application of P-Powder. Complainant was directed to hand over the tainted currency notes to the appellant on demand. Kishore Singh was directed to act as a shadow witness and give a signal to the raiding party after the tainted currency notes were accepted by the appellant on demand. Thereafter, the complainant and the shadow witness went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand. The appellant kept the same in his shirt pocket. On receipt of signal from the shadow witness, the remaining raiding party reached the spot. When the hands of the appellant were washed in a solution of sodium carbonate, the colour of the solution turned pink. The tainted currency notes were recovered from the shirt pocket of the appellant. When the shirt pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant for commission of offence punishable under Section 7 of the Act.